Maine Supreme Judicial Court
594 A.2d 1106 (1991)
Gary G. Jones was injured in a motorcycle accident and engaged Anthony Irace and Donald Lowry (Irace) (defendants) to represent him in filing a personal injury claim in connection with this accident. While the claim was pending, Jones received medical treatment from Dr. John P. Herzog (plaintiff) for an unrelated injury. As he was unable to pay for the medical treatment, he signed a letter on June 14 stating that Dr. Herzog should be paid for his services from the settlement proceeds. Irace was informed by Herzog that Jones had assigned the proceeds of his settlement to Herzog to the extent necessary to pay for the medical services rendered. After receiving confirmation from Irace’s office that medical care rendered by Herzog to Jones could be paid from the settlement proceeds, Herzog proceeded to treat Jones, including performing surgery. Irace ultimately obtained a $20,000 settlement for Jones and Jones instructed Irace not to disburse funds to Herzog, claiming he would make the payment. Irace informed Herzog that Jones had withdrawn his permission to disburse funds to Herzog and proceeded to distribute the settlement funds to Jones and his other creditors. Herzog sued Irace in district court claiming that the assignment was enforceable against Irace. Irace defended that Jones had not relinquished all control, so the assignment was not effective, and enforcement would interfere with their ethical obligations to Jones. The district court found in favor of Herzog. Irace appealed to the Superior Court of Maine as an intermediate appellate court, which also found in favor of Herzog. Irace then appealed to the Supreme Judicial Court of Maine.
Rule of Law
Holding and Reasoning (Brody, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.